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Journal articles on the topic 'Territoriality principle'
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DE SCHUTTER, HELDER. "The Linguistic Territoriality Principle — A Critique." Journal of Applied Philosophy 25, no. 2 (May 2008): 105–20. http://dx.doi.org/10.1111/j.1468-5930.2008.00397.x.
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Synodinou, Tatiana Eleni. "Geoblocking in EU Copyright Law: Challenges and Perspectives." GRUR International 69, no. 2 (January 30, 2020): 136–50. http://dx.doi.org/10.1093/grurint/ikaa001.
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Abstract EU copyright law has attempted to resolve the antithesis between the ideal of the single market and the concept of copyright territoriality through a modest approach, which is based on the axiom of safeguarding copyright territoriality and of the accompanying geoblocking practices. The aim of this article is to critically analyse the EU’s steps towards the circumvention of the principle of territoriality and of geoblocking and to demonstrate that, as the efforts to create a digital single market are intensified, a strict EU geoblocking policy in relation to services offering access to copyright-protected works cannot be retained. The article is divided into three parts. Part one is dedicated to the consequences of the principle of territoriality on European copyright law (II). Part two is dedicated to the steps, both jurisprudential and legislative, which have been taken to move away from the principle of copyright territoriality at the European level (III). Part three is dedicated to the recently adopted Geoblocking Regulation 2018/302, while possible ways to move forward are also analysed (IV).
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Jakubowski, Andrzej. "Territoriality and State Succession in Cultural Heritage." International Journal of Cultural Property 21, no. 4 (November 2014): 375–96. http://dx.doi.org/10.1017/s0940739114000277.
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Abstract:The international legal discourse on the topic of state succession in cultural property has long been dominated by the concept of territoriality—the territorial provenance (origin) of cultural assets. This traditional reasoning was essentially rooted in the idea of the European nation-state. In the last 50 years, the principle of territoriality has also become accommodated within the framework of the preservation of cultural heritage. Yet such territorial and protective approaches do not take into account the value of cultural heritage for society, that is, groups and individuals that have created or maintained a given heritage. This article attempts to explore the potential clash between the principles of territoriality and human rights, with respect to state succession in cultural heritage matters. In this context, it deals with some recent ongoing interstate negotiations on the allocation of and access to cultural property with respect to post–World War II developments in state succession among Poland, Germany, and Ukraine.
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Dembinska, Magdalena, László Máracz, and Márton Tonk. "Introduction to the special section: minority politics and the territoriality principle in Europe." Nationalities Papers 42, no. 3 (May 2014): 355–75. http://dx.doi.org/10.1080/00905992.2013.867934.
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Territorial arrangements for managing interethnic relations within states are far from consensual. Although self-governance for minorities is commonly advocated, international documents are ambiguously formulated. Conflicting pairs of principles, territoriality vs. personality, and self-determination vs. territorial integrity, along with diverging state interests account for this gap. Together, the articles in this special section address the territoriality principle and its hardly operative practice on the ground, with particular attention to European cases. An additional theme reveals itself in the articles: the ambiguity of minority recognition politics. This introductory article briefly presents these two common themes, followed by an outline of three recent proposals discussed especially in Eastern Europe that seek to bypass the controversial territorial autonomy model: cultural rights in municipalities with a “substantial” proportion of minority members; the cultural autonomy model; and European regionalism and multi-level governance.
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Vizi, Balázs. "Territoriality and Minority Language Rights." International Journal on Minority and Group Rights 23, no. 4 (November 18, 2016): 429–53. http://dx.doi.org/10.1163/15718115-02304006.
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Territorial principle emerges not only in domestic legislations on language rights, but also in international documents. The article aims at offering an overview of the interpretations of territoriality in international documents relevant for minority language rights, with a special focus on the European Charter for Regional and Minority Languages and the Framework Convention for the Protection of National Minorities. While states often use territorial requirements as a tool of political control over minority language use, the interpretation of their obligations under the two Council of Europe treaties would require a more practical and technical approach to territorial limitations.
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Csata, Zsombor. "Linguistic Justice and English as a Lingua Franca from a Minority Perspective." Acta Universitatis Sapientiae, European and Regional Studies 9, no. 1 (October 1, 2016): 83–93. http://dx.doi.org/10.1515/auseur-2016-0012.
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Abstract The article is a brief evaluation of the regulatory environment of language use in Transylvania, Romania based on Van Parijs’ conceptual toolkit presented in his 2011 book Linguistic Justice for Europe and for the World. This linguistic regime is a coercive hybrid regulation containing elements stemming from both the categorical regime (personality principle) and territoriality. In municipalities or counties where the official use of minority languages is permitted, it is typically present in a conjunctive manner, but its enforcement is weak and inconsistent. The principle of territorially coercive linguistic subdivision – proposed by Van Parijs as an optimal solution for a greater linguistic justice – is not accommodated in any of the fields of official communication and under present political circumstances it has no further plausibility. A hypothetical alternative for the territorially coercive regime would be the introduction of English as a lingua franca in interethnic communication. We argued that this latter option would be fair only if English could entirely replace the official languages currently in use or it would receive a fully equivalent status at least in those regions where a considerable number of linguistic minorities live.
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Agudo González, Jorge. "La superación del paradigma territorial y sus efectos en el Derecho Administrativo. Bases normativas del Derecho Administrativo transnacional // The overcoming of territorial paradigm and its effects in Administrative Law. Normative Basis of Transnational Administrative Law." Revista de Derecho Político 1, no. 103 (December 16, 2018): 155. http://dx.doi.org/10.5944/rdp.103.2018.23200.
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Resumen:El Derecho Administrativo aborda con creciente frecuencia fenómenos jurídicos que podemos denominar como «transnacionales». Esta calificación se debe a que no son susceptibles de una ordenación integral por el Derecho Administrativo estatal. En este estudio abordamos el análisis de esos fenómenos jurídicos desde la perspectiva del principio de territorialidad. El objetivo es mostrar los efectos de la incompatibilidad de fenómenos inherentes a la globalización con el paradigma de la territorialidad del Derecho Administrativo y su concepción estatutaria como Derecho del Estado. El estudio comienza con una exposición sobre la trascendencia del principio de territorialidad en la Teoría General del Estado y en la Teoría jurídica; esta parte analiza la relevancia del territorio como base y límite del poder público, y en las relaciones con otros ordenamientos. A continuación, el estudio aborda los fenómenos jurídicos alumbrados en el contexto actual de fragmentación y pluralismo jurídico, para mostrar una realidad jurídica que condiciona la capacidad explicativa del principio de territorialidad. La constatación de la superación del paradigma territorial del Derecho Administrativo provoca la necesidad de afrontar las consecuencias de ese panorama jurídico transformador. El estudio muestra cómo la desterritorialización del Derecho tiene implicaciones directas no sólo en las relaciones entre órdenes normativos, sino también en la summa divisio, al igual que en la vis autoritaria que tradicionalmente ha caracterizado al Derecho Administrativo. Estas transformaciones abren paso a un Derecho Administrativo no exclusivamente estatal, basado en relaciones interordinamentales y focalizado en relaciones jurídicas dinámicas. SummaryI. Introduction. II. The Territoriality Principle in the State General Theory and in the Legal Theory. 1. The territoriality and exclusivity principles of sovereign power. 2. State law «toward outward». 2.1. Foundations of international law. 2.2. Conflicts of laws and private international Law. III. The Loss of Centrality of the Territoriality Principle. 1. The overcoming of the exclusivity of State law. 1.1. Legal fragmentation and international (private) «norms». 1.2. Administrativelaw is international law and vice versa. 1.3. Relations between State legal orders. 2. The overcoming of the division public law versus private law. IV. Final Remarks: the «Relational Character» of the Transnational Administrative Law. 1. From the exclusivity and the completness of the State Administrative Law to the relations between legal orders and conflicts of law. 2. From an authoritarian conception centered in static legal status, to a conception ex parte civium and focused on dynamic legal relationships. Abstract:Administrative Law is increasingly tackling with legal phenomena that can be named as «transnational». This denomination is due to the fact that cannot be embraced entirely by State Administrative Law. In this paper we approach the analysis of these legal phenomena from the perspective of the territoriality principle. The objective of this paper is to show the effects of the incompatibility of a legal phenomenon inherent to globalization, with the paradigm of the territoriality of Administrative Law and its statutory conception as State law. The study begins with an exposition on the relevance of the territoriality principle in the State General Theory and in the Legal Theory; for this reason, we analyze the relevance of the territory as the basis and limit of public power, but also in the relations other legal orders. Then the study deals with the current context of fragmentation and legal pluralism to show a legal reality that undermines the explanatory capacity of the territoriality principle. The verification of the overcoming of the territorial paradigm of Administrative Law causes the need to face the consequences of this transforming legal reality. The paper shows to what extent the deterritorialization of law has direct implications not only in the relations between legal orders, but also in the «summa divisio» and in the traditional authoritarian characterization of Administrative Law. These changes open the scene to a non-statist legal regime, based on relations between legal orders and focused on dynamic legal relations.
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Shakhnazarov, B. A. "General Object and Special Object Principles of the Legal Regulation of Industrial Property in Cross-Border Relations." Lex Russica 73, no. 10 (October 23, 2020): 41–62. http://dx.doi.org/10.17803/1729-5920.2020.167.10.041-062.
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International agreements, as well as the national legislation of various States, in addition to the territorial principle of protection of industrial property, the principle of national treatment, the principle of convention or exhibition priority, do not specifically identify other principles of protection of industrial property that would uniform national legislation in the field of protection of industrial property in most aspects of protection, and that would also take into account the specifics of a particular object of protection. The paper distinguishes and formulates general object principles of protection of industrial property, not expressly enshrined in international agreements, as well as special object principles of protection of individual objects of industrial property. It is noted that the operation of general principles applied universally for protection of all objects of industrial property and historically established universal principles of national regime, territoriality, principles of convention and exhibition priority are supplemented by such general object principles as the principle of exclusive protection of industrial property, the principle of production and technical development. These principles can be considered general in view of their extension to other objects not expressly specified in the Paris Convention. At the same time, with regard to separate objects (groups of objects) of industrial property, one can determine special object principles of protection on the ground of their specificity.The author applies formal legal and comparative legal methods of the study, on the basis of which special international principles of protection were formulated: the principle of exclusive protection, the principle of focus on production and technical development. The paper describes special principles of protection for individual objects: the declarative and evidentiary principle of protection of registered industrial property, the principle of protection of marks “such as they are”, the principle of protection of new creative results in relation to patentable objects, the principle of absolute nature of the rights certified by the patent.
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Djordjevic, Dejan, and Tijana Dabovic. "Mondialization: The negation of territory." Glasnik Srpskog geografskog drustva 87, no. 2 (2007): 165–74. http://dx.doi.org/10.2298/gsgd0702165d.
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The main objective of this paper is to present some weaknesses and inconsistence of the mondialization/globalization concept, especially regarding obvious negation of territoriality as a principle and a crude reality of uneven spatial distribution of resources, wealth and population on global scale. The domination of the globalism and neo-liberalism in the spheres of economy, society, culture and even language leads toward greater differences, in such intensity that some authors describe it as a "clash of civilizations". Loosing territoriality means loosing "raison d?etre" of spatial planning. Some efforts to introduce participation as a planning solution for the beginning of the new century is actually a Trojan horse and a step in the wrong direction.
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Cole, Rowland JV. "Validating the Normative Value and Legal Recognition of the Principle of Equality of Arms in Criminal Proceedings in Botswana." Journal of African Law 56, no. 1 (December 21, 2011): 68–86. http://dx.doi.org/10.1017/s0021855311000222.
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AbstractThe principle of equality of arms is firmly entrenched in the jurisprudence of international tribunals, but hardly at all in domestic systems. This article argues for the principle to be applied in Botswana's adversarial system, as a way of ensuring procedural equality and enhancing fair trials. After examining the normative value of the principle, the article refers to a number of domestic jurisdictions that have applied the principle. It also examines the general acceptability of equality and fairness in Botswana case law. This represents a foundation for applying the principle in Botswana. The principle was developed by the European Court of Human Rights, creating its own concept of fairness in trials, irrespective of the position in domestic systems. Since the principle is of international origin, it is necessary to note that “judicial territoriality” and Botswana's dualist system do not pose obstacles to the application of the principle.
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Ryngaert, Cedric. "Territorial Jurisdiction Over Cross-frontier Offences: Revisiting a Classic Problem of International Criminal Law." International Criminal Law Review 9, no. 1 (2009): 187–209. http://dx.doi.org/10.1163/157181209x398880.
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AbstractThe principle of territoriality is the cornerstone of the law of criminal jurisdication. The question arises, however, how the principle ought to be applied to cross-frontier offences which have connections to more than one territory. It is demonstrated that, from a study of six Western States, it transpires that the constituent elements approach (pursuant to which jurisdiction is found as soon as a constituent element of the crime has occurred on the territory) is the dominant approach, with the exception of England. As far as cross-frontier participation and inchoate offences are concerned, however, solutions diverge considerably among States.
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Woehrling, José. "La Constitution canadienne et la protection des minorités ethniques." Les droits des minorités ethniques et nationales 27, no. 1 (April 12, 2005): 171–88. http://dx.doi.org/10.7202/042733ar.
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Canada's international obligations for protecting minorities imply non discrimination and the establishment of means for allowing minorities to preserve and perpetuate their national characteristics. The author deals with the scope and role of the Canadian Charter in recognizing the value of « multiculturalism. » He presents the various obstacles that lay in the way of exercising the right to multiculturalism such as the financial cost for achieving it and the principle of « territoriality. »
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Höpner, Martin. "Curbing negative integration: German supervisory board codetermination does not restrict the common market." Maastricht Journal of European and Comparative Law 25, no. 2 (April 2018): 246–59. http://dx.doi.org/10.1177/1023263x18773052.
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TUI v Erzberger is a landmark decision on the normative meaning and scope of the fundamental freedoms. Mr Erzberger complained that the territoriality principle as the linking factor of German supervisory board codetermination violates European law. He argued that lack of voting rights among the employees of foreign subsidiaries was in violation of the ban on discrimination in Article 18 TFEU. He further argued that the possible loss of voting rights when domestic employees move across borders within the same company group makes the move less attractive and therefore violates the free movement of workers in Article 45 TFEU. The Appeals Court Berlin referred the case to the Court of Justice of the European Union, which ruled that the German regulation does not violate European law. The ruling went further than should have been necessary in order to reject the plaintiff’s legal view. It stated, first, the legality of the territoriality principle as the linking factor of national labour law as long as no European secondary law rules otherwise. Second, the Court raised fundamental insights about the telos of Article 45 TFEU and stated that its purpose is not to neutralise the heterogeneity of the social regulations of the Member States.
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Lukianov, Dmytro, Inesa Shumilo, and Mariia Lukan. "Conflict of Law Regulation in Cross-Border Copyright Inheritance." Journal of the National Academy of Legal Sciences of Ukraine 27, no. 2 (June 27, 2020): 49–63. http://dx.doi.org/10.37635/jnalsu.27(2).2020.49-63.
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Inheritance is one of the legal means that ensure the effective implementation of copyright, therefore the protection of the interests of testators and their successors in cross-border matters is an important task of international private law. Modern national systems of inheritance and copyright operate independently. Due to the influence of economic, political and socio-cultural factors, the unification of substantive law of these industries is unlikely, so the conflict of law method of regulation remains dominant in this area. The paper highlights the main problems of conflict of law regulation of cross-border copyright inheritance and offers approaches to overcoming them. The authors address such issues as forms of manifestation of a foreign element in the relations of copyright inheritance; problems of distinguishing between intellectual and inheritance statutes; features of the application of the point of contact lex loci protectionis; the principle of territoriality, etc. Based on the analysis, it is concluded that the subordination of key issues of copyright inheritance to the conflict rules of the intellectual statute extends the principle of territoriality to these relations and necessitates multinational protection of these relations. The paper supports the opinion of scholars who criticise the concept of territoriality in matters of copyright protection, proving its ineffectiveness. Ultimately, the authors suggest that the tools of private international law allow for flexible approaches and do not equate copyright, which is more related to personal status, and industrial property rights, aimed at achieving commercial interests. It is proposed to achieve greater flexibility by detailing the scope of the conflict of law rules and establishing a system of conflict bindings, which will allow to choose the law that is more related to the circumstances of the case.
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Даулетшина, Эльза, and El'za Dauletshina. "The History of Trademark Protection: from the Principle of Territoriality to Well-Known Trademarks." Advances in Law Studies 6, no. 2 (September 20, 2018): 16–20. http://dx.doi.org/10.29039/article_5b27742a58ab36.56615505.
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Piñeiro, Laura Carballo. "Port State Jurisdiction over Labour Conditions: A Private International Law Perspective on Extra-territoriality." International Journal of Marine and Coastal Law 31, no. 3 (September 5, 2016): 531–51. http://dx.doi.org/10.1163/15718085-12341407.
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Whereas flag states are primarily responsible for living and labour conditions on board ships flying their flag, port state jurisdiction on board foreign-flagged ships is still uncertain from both a public and a private international law perspective. This paper focuses on the latter, to ascertain in which cases port state courts and domestic employment legislation decide on maritime employment contract matters. This may help to establish to what extent the extra-territorial exercise of port state jurisdiction is reasonable: adjudicatory jurisdiction and conflict-of-laws rules are construed on the basis of the proximity principle and thus strive to point out the state with the strongest link to the case at stake. However, the establishment of the port state legal system as the closest one to maritime employment usually amounts to setting the flag state aside, meaning that the subsidiarity principle takes over in determining the extra-territorial application of port state jurisdiction.
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Kusiak-Winter, Renata. "Frame Agreement For Cross-Border Cooperation Between Local Authorities." Wroclaw Review of Law, Administration & Economics 9, no. 2 (December 1, 2019): 71–81. http://dx.doi.org/10.2478/wrlae-2019-0012.
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Abstract The cross-border cooperation of local authorities, taken up based on the administrative law of each of the states, is marked by both integrating factors that refer to the similarities of the applicable system of law and separating factors arising from the principle of territoriality of administrative law. The frame agreement is a smart solution (a smart tool) of cross-border cooperation, because it enables cooperating territorial self-government units to conduct a unique operation of ‘recompensing’ separating factors with integrating factors.
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Dreier, Thomas. "Copyright in the times of the internet—overcoming the principle of territoriality within the EU." ERA Forum 18, no. 1 (April 2017): 7–19. http://dx.doi.org/10.1007/s12027-017-0462-7.
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Matulionytė, Rita. "Cross-Border Collective Management and Principle of Territoriality: Problems and Possible Solutions in the EU." Journal of World Intellectual Property 11, no. 5-6 (November 2008): 467–97. http://dx.doi.org/10.1111/j.1747-1796.2008.00350.x.
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Weinstock, Daniel. "Can parity of self-esteem serve as the basis of the principle of linguistic territoriality?" Critical Review of International Social and Political Philosophy 18, no. 2 (March 4, 2015): 199–211. http://dx.doi.org/10.1080/13698230.2015.1023634.
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Schulz, Carsten-Andreas. "Territorial sovereignty and the end of inter-cultural diplomacy along the “Southern frontier”." European Journal of International Relations 25, no. 3 (December 10, 2018): 878–903. http://dx.doi.org/10.1177/1354066118814890.
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European politics at the turn of the 19th century saw a dramatic reduction in the number and diversity of polities as the territorial nation-state emerged as the dominant form of political organization. The transformation had a profound impact on the periphery. The study examines how embracing the principle of territoriality transformed relations between settler societies and indigenous peoples in South America. As this shift coincided with independence from Spain, Creole elites rapidly dismantled the remnants of imperial heteronomy, ending centuries of inter-cultural diplomacy. The study illustrates this shift in the case of the “Southern frontier,” where Spain had maintained a practice of treaty making with the Mapuche people since the mid-17th century. This long-standing practice broke down shortly after Chile gained independence in 1818. What followed was a policy of coercive assimilation through military conquest and forced displacement — a policy that settler societies implemented elsewhere in the 19th century. In contrast to explanations that emphasize the spread of capitalist agriculture and racist ideologies, this study argues that territoriality spelled the end of inter-cultural diplomacy along the “Southern frontier.”
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Svantesson, Dan. "“Lagom Jurisdiction” – What Viking Drinking Ettiquette Can Teach Us about Internet Jurisdiction and Google France." Masaryk University Journal of Law and Technology 12, no. 1 (June 29, 2018): 29–48. http://dx.doi.org/10.5817/mujlt2018-1-2.
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The law of Internet jurisdiction is facing a crisis. While there is widespread and growing recognition that we cannot anchor Internet jurisdiction in the outdated, typically overstated, and often misunderstood, territoriality principle, few realistic alternatives have been advanced so far.This article seeks to provide an insight into the conceptual mess that is the international law on jurisdiction; focusing specifically on the concepts of sovereignty and jurisdiction, with limited attention also given to the impact of comity, and international human rights law. These issues are studied through the lens of the so-called Google France case that comes before the CJEU in 2018. The article argues that we may usefully turn to the Swedish “lagom” concept – which allegedly stems from Viking era drinking etiquette – as a guiding principle for how we approach Internet jurisdiction.
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Shahnazarov, B. A. "TRANSFORMATION OF THE BASIC PRINCIPLES OF INDUSTRIAL PROPERTY PROTECTION IN CROSS-BORDER RELATIONS IN THE PRESENT-DAY CONDITIONS." Lex Russica, no. 11 (November 22, 2019): 47–55. http://dx.doi.org/10.17803/1729-5920.2019.156.11.047-055.
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The author has investigated the basic principles of industrial property protection in their dynamic development in cross-border relations. The author elucidates the territorial principle of industrial property protection in the context of the necessity to overcome it. It is noted that in most industrial property cases the principle of territoriality (territorial independence of protection in respect of objects of industrial property) is more often used as compared with copyright cases.In fact, States create certain conditions for overcoming the (partial) territorial principle of protection when, at the international level, international protection mechanisms are being developed to protect industrial property. The creation of such mechanisms obliges the States to recognize declaratory documents (international applications) and single sign-ons (international registrations), to provide protection to the facility that has been granted protection abroad (e.g. in the case of appellation of origin or geographical indication registered in the country of origin). Indeed, such an overcoming is conditional, but it always reflects the interests of applicants and rights holders and seems to be extremely important in the modern context of globalization, expanding markets and cross-border technology exchange.At the same time, at the current stage of development of the system of the legal regulation of industrial property in cross-border relations, the principle of national treatment on the basis of unified action of international mechanisms applied for the industrial property protection has been partly transformed into the principle of the international treatment extending the common rules for establishing rights to industrial property on actors from a large number of countries.It would be possible to speak about overcoming the territorial principle of protection if the fundamental principle of protection of industrial property — the principle of national treatment — were transformed into the principle of international treatment.The author highlights an important character of the principle of conventional priority and the need for its extension to other objects of industrial property except for those in respect of which priority is not inherently possible (appellations of origin, geographical indications, indications of origin). The problem of implementation of the principle of exhibition priority has been explored separately.
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Pallaver, Günther. "South Tyrol's changing political system: from dissociative on the road to associative conflict resolution." Nationalities Papers 42, no. 3 (May 2014): 376–98. http://dx.doi.org/10.1080/00905992.2013.856393.
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South Tyrol (Italy), with its three officially recognized language groups (Germans, Italians and Ladins), is a successful model of how a minority problem can be solved. It is based upon the principle of dissociative conflict resolution, which means separating the language groups as much as possible between themselves, as well as the principle of consociational democracy, which focuses primarily on the cooperation between the language groups’ elites. In the last few years it has been observed that while the institutional frame has not changed, society has, thereby starting to undermine the existing political and institutional system from below. This concerns mainly the ethnic division, which is being questioned more and more by civil society, as well as aspects of cooperation between the elites. As a consequence of this process, South Tyrol's autonomy is moving toward further integration, with the latter again translating into strengthening the two factors of territoriality and identity.
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Rogerson, P. "Kuwait Airways Corp V Iraqi Airways Corp: The Territoriality Principle in Private International Law--Vice or Virtue?" Current Legal Problems 56, no. 1 (January 1, 2003): 265–87. http://dx.doi.org/10.1093/clp/56.1.265.
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Saha, Ishaan. "Supreme Court of India supplants the doctrine of transborder reputation with the territoriality principle in passing off actions." Journal of Intellectual Property Law & Practice 13, no. 6 (May 9, 2018): 442–44. http://dx.doi.org/10.1093/jiplp/jpy045.
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de Hert, Paul, Cihan Parlar, and Johannes Thumfart. "Legal arguments used in courts regarding territoriality and cross-border production orders." New Journal of European Criminal Law 9, no. 3 (September 2018): 326–52. http://dx.doi.org/10.1177/2032284418801562.
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This contribution reflects on recent cases involving cross-border data production orders such as Yahoo Belgium, Skype Belgium and Microsoft Ireland. Cross-border data production orders are found to generally involve conflicts regarding sovereignty and enforcement jurisdiction and to frequently include voluntary cooperation of companies for which the legal framework is lacking (Introduction). The Lotus principle, which recognizes a broad extraterritorial jurisdiction to prescribe and limits extraterritorial enforcement jurisdiction, is reconsidered concerning those issues (see the ‘International law pragmatism for jurisdiction to prescribe, but not for jurisdiction to enforce’ section) and the use of mutual legal assistances, which should be the rule, is discussed with four caveats (see the ‘Four caveats to territorial sovereignty and the need for MLAs: Unclarities and politics’ section). Twelve typical arguments are identified, which are employed in courtrooms when cross-border data production orders are discussed, for example, arguments regarding territorial sovereignty, the location of servers, the virtual presence of businesses via the Internet or the nationality of the data subject (see the ‘Arguments in courtrooms in favour or against informal-based cross-border investigations’ section). Subsequently, from fourth to seventh sections, those arguments are investigated regarding their context in the cases Yahoo! Belgium (2007–2015), Skype Belgium (2012–2017), Microsoft Ireland (2013–2018) and Google in re Search Warrant (2017). Finally, a first step to evaluate and test the strength of those arguments is undertaken (see the ‘Assessing the arguments: From logically weak, to unpractical to law enforcement utilitarianism (give us everything)’ section).
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Lee, Byung-Ho. "Ethnic Distinctions, Legal Connotations: Chinese Patterns of Boundary Making and Crossing." SAGE Open 11, no. 3 (July 2021): 215824402110439. http://dx.doi.org/10.1177/21582440211043930.
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This study analyzes, from a comparative and historical perspective, the clash between state statutory law and native customary law and the consequential effects of that rivalry on ethno-legal categories. It adopts a long-term perspective on Chinese society, with a particular focus on its history over the last three centuries. Although the imperial Chinese state had a centralized legal code, many non-Han subjects followed different legal standards and systems. Such conditions became the basis of legal pluralism and the structural constraint for full-fledged legal uniformity. It is argued that state-imposed ethnic categories in China have been institutionalized to determine those who should be protected, or even privileged, by their own native law. This is especially true during the alien dynasties of conquest, which purposely emphasized the principle of personal law to preserve legal prerogatives of ruling ethnicity. Similarly, indigenes on the frontier carried a variety of legal exemptions on grounds of the principle of territorial law. Such conditions could leave room for individual agency and provide incentives for both acculturated Han settlers and sinicized indigenes to claim native status. Several examples, including an 18th-century homicide case in China’s southwestern frontier, substantiate how individuals manipulated their ethnicity for their self-advantage and how these behaviors complicated the personality and territoriality principles of imperial law. In this sense, ethnic law served as an institutionalized distillation of ethnic group boundaries, which were realigned by shifts in self-identity. The legacy of China’s imperial practices of particularistic jural relations continues today.
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Mueller, Milton L. "Against Sovereignty in Cyberspace." International Studies Review 22, no. 4 (September 20, 2019): 779–801. http://dx.doi.org/10.1093/isr/viz044.
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Abstract In discussing the historical origins of sovereignty, Jens Bartelson (2018, 510) wrote, “Making sense of sovereignty . . . entails making sense of its component terms—supreme authority and territory—and how these terms were forged together into a concept.” The question of sovereignty in cyberspace, however, inverts this historical “forging together,” as territoriality and authority are sundered in cyberspace. This paper argues that attempts to apply sovereignty to cyberspace governance are inappropriate to the domain. It develops a technically grounded definition of “cyberspace” and examines its characteristics as a distinct domain for action, conflict, and governance, while clarifying its relationship to territoriality. It reviews the literature on cyberspace and sovereignty since the early 1990s, showing the emergence of explicitly pro-sovereigntist ideas and practices in the last ten years. The cyber-sovereignty debate is linked to IR research on the historical emergence of sovereignty, demonstrating how technologies routinely change the basis of international order and challenging the presumption that territorial sovereignty is a stable and uniform principle of international organization that can be presumptively applied to the internet. The paper also links the conceptual debate over cyber-sovereignty to the real-world geopolitical struggle over the governance of the internet, showing how different conceptions of sovereignty serve the interests of different powers, notably the United States, Russia, and China. The paper explores the relevance of an alternative governance model for cyberspace based on the global commons concept. It refutes the arguments made against that model and then explains what difference it might make to governance if we conceive of cyberspace in that way.
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Ansuátegui Roig, F. Javier. "Human Rights and Judicial Dialogue between America and Europe: Toward a New Model of Law?" Age of Human Rights Journal, no. 6 (June 27, 2016): 24–41. http://dx.doi.org/10.17561/tahrj.v0i6.2928.
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In a context of progressive deterritorialization, the analysis of the judicial dialogue has certain profits when reformulating some aspects of a particular way of understanding the law, characterized by the principle of territoriality and by a theory of the sources of law in which the judge has a clearly secondary position in relation to the legislature and in which the sources are relevant since they are understood as explicit expression of a will. This paper describes the operability of the dialogue between the Inter-American Court of Human Rights and the European Court of Human Rights which, horizontally and voluntarily, can help create a context of community in relation to the contents of human rights, based on the recognition of the value of judicial arguments and the judge's self-understanding as members of a hermeneutical community.
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Zapatero Martín, María del Pilar. "El reto de la ordenación del derecho fundamental a la protección de datos de carácter personal en un universo digital = A regulatory challenge to the fundamental right of the personal data protection in a digital universe." UNIVERSITAS. Revista de Filosofía, Derecho y Política, no. 29 (December 13, 2018): 32. http://dx.doi.org/10.20318/universitas.2019.4509.
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RESUMEN: En la era de las tecnologías digitales, el Derecho se enfrenta al objetivo de afrontar la protección de los datos personales en un universo global donde las fronteras se diluyen y el principio de territorialidad ha dejado de tener aplicación. Este trabajo pretende plantear el reto que supone, para el ordenamiento jurídico español, la adaptación a la nueva regulación europea en esta materia.ABSTRACT: At the digital´s technologies age, Law faces with the aim to address the personal data protection in a global universe where blurring the borders, and the territoriality principle has ceased to be applied. This paper aims to poset he challenge that supposes, to the Spanish legal system, the adaptation to the new European Union regulation on this matter.PALABRAS CLAVE: universo digital, protección de datos personales, reglamento europeo, constitución española, conflictos de competenciaKEYWORDS: digital universe, personal data protection, european regulation, spanish constitution, competence´s conflicts
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Csata, Zsombor, and László Károly Marácz. "Prospects on Hungarian as a Regional Official Language and Szeklerland’s Territorial Autonomy in Romania." International Journal on Minority and Group Rights 23, no. 4 (November 18, 2016): 530–59. http://dx.doi.org/10.1163/15718115-02304005.
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This article analyses two options the Hungarian ethno-linguistic community in the Transylvanian region of Romania has in order to preserve its ethno-linguistic identity. Firstly, there is the option of unrestricted language use in the public domain. At present the Romanian legal framework assigns members of the Hungarian speaking community in Transylvania individual linguistic and cultural rights only. The Romanian language policy is further restricted by a threshold rule. The ratio of minority must number 20 per cent of the total inhabitants of a certain administrative-territorial unit in order to have their language recognised officially. The second possibility is that historical territories where Transylvanian Hungarians statistically form a dominant majority (i.e. Szeklerland) are granted territorial autonomy. The territoriality principle would secure linguistic minority rights. We will conclude that the prospects for Hungarian as a regional language in Romania are more realistic than the recognition of Szeklerland’s territorial autonomy.
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Schröder, Meinhard. "Mutual Recognition of Driving Licences in the EU – Current State of Integration and Perspectives." Review of European Administrative Law 13, no. 3 (October 15, 2020): 37–60. http://dx.doi.org/10.7590/187479820x16007576818780.
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A driving licence is a document and an administrative act, which is, according to the principle of territoriality, only valid in the territory of the issuing State. This is incompatible with practical needs of international traffic, and mutual recognition helps to overcome the problem. This article presents the development of mutual recognition of driving licences in the EU, from pre-existing public international law to current harmonising legislation and the relevant ECJ jurisprudence. It finds that once there was sufficient harmonisation, the ECJ promoted mutual recognition, while the EU legislator had to close the loopholes for 'driving licence tourism' by amending the directives. Unlike in other areas of the internal market, primary law never played an important role for the mutual recognition of driving licences. Determining the current state of integration, the article identifies a lack of information exchange between Member States and a lack of harmonisation of sanctions as main obstacles for full, unconditional recognition, and proposes ways leading towards an 'internal market of driving licences'.
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Williams, Katherine, and Bernadette Rainey. "Language, education and the European Convention on Human Rights in the twenty-first century." Legal Studies 22, no. 4 (November 2002): 625–50. http://dx.doi.org/10.1111/j.1748-121x.2002.tb00672.x.
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In the Belgian Linguistic case the European Court of Human Rights held that legislation regarding language in education which was based on the principle of territoriality did not offend against the rights guaranteed in Article 2 of Protocol 1 or Article 8 of the European Convention on Human Rights, whether taken alone or in conjunction with Article 14 on non-discrimination. That ruling was given some 35 years ago, and this paper considers whether developments since then might lead the European Court of Human Rights to decide similar issues differently if they arose today. However, having considered the situation, including instruments which have been adopted specifically to deal with language rights and minority rights, the conclusion is reached that the European Court of Human Rights would be likely to continue to allow a fairly wide margin of appreciation to states in the highly sensitive and controversial area of language rights and how they should be protected.
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Herrera, Obeimar B., Manuel Parra, Iris Livscovsky, Pedro Ramos, and Daniela Gallardo. "Lifeways and territorial innovation: values and practices for promoting collective appropriation of territory." Community Development Journal 54, no. 3 (November 13, 2017): 427–45. http://dx.doi.org/10.1093/cdj/bsx052.
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Abstract In recent decades, most multilateral organizations and other agents of change have used the theoretical approach of sustainable livelihoods to guide their work. This approach has been criticized in recent years for promoting a short-term materialist focus in development projects, thus limiting its practical usefulness and feasibility. Due to the necessity for renewed proposals, a group of community cargos and researchers have developed a long-term comparative retrospective study that goes beyond the conventional approach. It provides a framework with a broader theoretical scope and applied utility grounded on local self-management: lifeways and territorial innovation. Our constructivist approach, based on Bourdieu´s Social Reproduction theory, is aimed at promoting and triggering a sense of territoriality within the communities and further onto the more extensive territory. Since the work was developed along with people from rural communities, we utilized the concept of Social Learning as to enrich the former theoretical principle.
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Ryngaert, Cedric, and Henrik Ringbom. "Introduction: Port State Jurisdiction: Challenges and Potential." International Journal of Marine and Coastal Law 31, no. 3 (September 5, 2016): 379–94. http://dx.doi.org/10.1163/15718085-12341405.
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Confronted with the failures of flag states to adequately regulate their vessels, and/or to enforce applicable law, port states may assume a subsidiary regulatory and enforcement role. Exercising port state jurisdiction (psj) over foreign-flagged vessels, these port states may give effect to generally applicable international rules and standards, or simply apply their own laws. As the exercise of psj over foreign-flagged vessels often has effects outside the port, or even aims to regulate activities beyond national jurisdiction, legitimate questions as to the territorial nature of psj can be asked. It transpires, however, that most assertions of psj can formally be justified under a broad construction of the territoriality principle. Alternatively, they can find their basis in multilateral agreements or simply in the desire to protect common concerns. As the legality net regarding psj could thus be cast rather wide, the question, i.e., to what limitations such jurisdiction is subject, inevitably arises.
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Syaifullah, Imam, and Surya Sakti Megantoro. "Ruling due to Bankruptcy Assets Debtors Beyond Areas in Indonesia." Lambung Mangkurat Law Journal 6, no. 1 (February 5, 2021): 1–11. http://dx.doi.org/10.32801/lamlaj.v6i1.201.
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The purpose of this study is to examine the consequences of bankruptcy decisions on debtor assets outside the territory of Indonesia and to see the extent to which the bankruptcy law provides protection to creditors from debtors whose assets are located outside the territory of Indonesia. This is Normative legal Research with a statutory approach, a conceptual approach and a comparative approach. The results and discussion concluded that the bankruptcy decision handed down by the Commercial Court in Indonesia could have an impact on the debtor’s assets outside the territory of Indonesia in accordance with Article 21 of the Bankruptcy Law. The issue of execution is hindered by the principle of territoriality from other countries. The bankruptcy law has not fully provided legal protection for creditors if the debtor has assets outside the territory of Indonesia, as a way for curators to carry out private selling. Indonesia should adopt the Uncitral Model Law on cross-border insolvency (1997) or enter into international agreements, either bilateral or multilateral.
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Romandini, Roberto, and Alexander Klicznik. "The Territoriality Principle and Transnational Use of Patented Inventions – The Wider Reach of a Unitary Patent and the Role of the CJEU." IIC - International Review of Intellectual Property and Competition Law 44, no. 5 (July 5, 2013): 524–40. http://dx.doi.org/10.1007/s40319-013-0059-9.
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SHILLIAM, ROBBIE. "What about Marcus Garvey? Race and the transformation of sovereignty debate." Review of International Studies 32, no. 3 (July 2006): 379–400. http://dx.doi.org/10.1017/s0260210506007078.
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Post World War I, Marcus Garvey’s Pan-African movement managed to coalesce, however briefly and imperfectly, an extra-territorial sovereign authority in the form of the Universal Negro Improvement Association (UNIA). Through the recollection of this project the article seeks to disturb the predominant uni-linear narrative in IR debates of the transformation of sovereignty that posit a recent shift from territorial exclusivity to multi-level governance encapsulated in the emergence of the European Union. By narrating a string of transformations of sovereignty that led to Garvey’s UNIA the case is made that such transformations have not directly followed one universal logic but have been multi-linear in character, and further, extra-territoriality has been a defining principle of sovereignty in the modern epoch and by no means peculiar to the contemporary European milieu. Through exploring the generative relationship between capitalist, nationalist and racialist forms of sovereignty the article contributes theoretically and empirically to a historical sociology adequate to capture the multiple, yet related, transformations of sovereignty in the modern epoch.
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Mas Bermejo, Pedro, Lizet Sánchez Valdés, Lorenzo Somarriba López, Nelly Cristina Valdivia Onega, María Josefina Vidal Ledo, Ileana Alfonso Sánchez, Armando Seuc Jo, Yudivian Almeida Cruz, and Roberto Morales Ojeda. "Equity and the Cuban National Health System's response to COVID-19." Revista Panamericana de Salud Pública 45 (July 1, 2021): 1. http://dx.doi.org/10.26633/rpsp.2021.80.
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Cuba’s National Health System has managed to guarantee an effective and equitable response to COVID-19. Universal and free health coverage, based on primary care, follows the principle of equity and the greatest resources are allocated to areas of the lowest socioeconomic stratum (where higher risk is concentrated), followed by those of medium and high strata, in that order. This allowed for similar mortality rates in the three strata, and Cuban national mortality rate was one of the lowest in the Region of the Americas. Before the first case was identified in Cuba, a Plan for Coronavirus Prevention and Control was elaborated with multisectoral participation, and when the first case was confirmed the Temporary National Working Group to Fight COVID-19 was created as an advisory body of the government. The actions to face the pandemic began with preventive measures in the community, continued in the isolation centers and ended again in the community with actions of surveillance and follow up of recovered patients. Following the principle of territoriality, molecular diagnosis laboratories were created in the provinces that did not have one. Free medical care and treatment; the preparation of a single national intersectoral government plan; the use of particular strategies for research, diagnosis and case tracing; and the implementation of a universal protocol for disease prevention and treatment of confirmed cases made it possible to control the disease with a health equity perspective.
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Matyja, Mirosław. "Determinant factors of multiculturalism in Switzerland." Review of Nationalities 8, no. 1 (December 1, 2018): 83–102. http://dx.doi.org/10.2478/pn-2018-0005.
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Abstract Switzerland consists of different regions, cultures and languages. The minorities in Switzerland are in the first place ethno-linguistic minorities, whose are unified by a common language. Therefore, since the foundation of the Confederation in 1848 the Helvetic state has been considered a multilingual country. The confederation and cantons are obliged to protect linguistic minorities. The grounds of the Swiss social structure, with traditional multiculturalism and four national languages are two principles: language freedom (Sprachenfreiheit) and territoriality (Territorialitätsprinzip). Switzerland has no official state religion. Predominant religion is Christianity, the largest religious minorities is established by Islam. The largest Christian denominations are Catholic Church (37.7%) and Swiss Reformed Church (25.5%). The influx of new cultural minorities to Switzerland began aXer the Second World War and was directly connected with economic migration, with the large influx of gastarbeiters from southern European countries and refugees from the Third World and from the former Yugoslavia. International law includes the protection of national, yet not cultural minorities. In Switzerland the protection of national minorities is also based on international standards. The necessity for systematic integration policy in Switzerland appeared in the nineties of the twentieth century, after removing the anti-immigration tendencies and hostile attitude towards foreigners. There is a conflict of interest between democracy and state under the rule of law, and between majoritarian democratic politics and liberal principles. The conflict can be controlled; however it can not be resolved. The principle of the Swiss “unity in multiplicity” is best reflected in the multiculturalism and multilingualism of Switzerland, but also a relatively high percentage of the foreigners.
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Kamaruddin, Hanim, and Muhamad Azham Marwan. "Towards extra-jurisdictional environmental management in combating transnational environmental crimes in Malaysia from a legal aspect." International Journal of Engineering & Technology 7, no. 2.10 (April 2, 2018): 26. http://dx.doi.org/10.14419/ijet.v7i2.10.10948.
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Environmental deterioration in Southeast Asia region can be attributed to illegal logging and timber smuggling which contributes to deforestation, wildlife smuggling, black-market transactions in ozone-depleting substances and dumping of other forms of hazardous wastes and chemical, illegal open burning incidents that can lead to air pollution contributing to transnational impacts. Controlling activities that are taking place within one State resulting to environmental impacts in another State is not uncommon in environmental issues and thus, such activities are construed as environmental crimes at times. Hence, any illegal activities within another jurisdiction must be addressed efficiently as the conduct of such activities are becoming increasingly sophisticated and complex partly due to the nature of transnational activities that operate beyond national boundaries. This article will discuss transnational environmental crime in Malaysia and Southeast Asia region and assess the application of adopting extra-jurisdictional approach to combat transnational environmental crime by drawing the example from Singapore’s experience of passing the Transboundary Haze Pollution Act 2014 to tackle challenges of haze pollution that are caused by activities in another State. The finding of this article suggests that extra-jurisdictional legislation is a common management tool in international law based on the international principle of territorial sovereign applies to conduct of a State within its territory. There seemed to be an exception that stems from a principle known as ‘objective territoriality principle’ under international law that allows another State to make claims against another State that commits environmental crime resulting to transnational impacts. The efficiency of extra-jurisdictional approach will be analysed based on Malaysia’s experiences in tackling transnational environmental crimes by reviewing domestic policies, local legislations and relevant international agreements to ensure that environmental protection is sustained.
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Sankaran, Chitra, and Shanthini Pillai. "Transnational Tamil television and diasporic imaginings." International Journal of Cultural Studies 14, no. 3 (April 12, 2011): 277–89. http://dx.doi.org/10.1177/1367877910391867.
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The dynamics of globalization and digitization are not only shaping a new media order but also making significant impacts on the cultural dimensions of an older societal order in the case of the Tamil Diaspora. The emerging transnational phenomenon of Tamil television challenges constructed boundaries, contests traditionally homogenized spaces such as those of nation and homeland, questions the principle of territoriality and opens up the sphere both from without and within the national space. New media practices and flows are shaping media spaces with a built-in transnational connectivity, creating contemporary cultures pregnant with new meanings and experiences. This article aims to map the developments around transnational Tamil television. It scrutinizes the nature and impact of Tamil media emerging from Singapore and Malaysia on other parts of the diasporic Tamil world, and also alternatively, the nature and effect of Tamil media from India and elsewhere in Singapore and Malaysia. Issues of multiculturalism and the transnational media’s impact and culture will be interrogated to enable the analysis of the global remapping of media spaces and to address key issues related to situated transnational Tamil cultures.
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Monterescu, Daniel. "Border Wines: Terroir across Contested Territory." Gastronomica 17, no. 4 (2017): 127–40. http://dx.doi.org/10.1525/gfc.2017.17.4.127.
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Etymologically related, the concepts of terroir and territoriality display divergent cultural histories. While one designates the palatable characteristics of place as a branded story of geographic distinction (goût de terroir), the other imbues the soil with political meaning, defendable boundaries, and collective entitlement. This research traces the production of eno-locality in contested spaces across political borders. Tracing the ascent of terroir as an organizing principle for the global wine culture and food industry, I examine the intersection of political geography, national identity, and cultural locality in the production of edible authenticity. Border wine regions such as Tokaj between Hungary and Slovakia, the Judean Hills and South Mount Hebron in Israel and Palestine, and the former Cold War buffer zone between Bulgaria and Greece illustrate the articulation of terroir as a story of border-crossing. Beyond the essentialization of terroir as “nature” and the contested politics of territory, I identify three formations of the terroir-territory connection: (a) territorialization of terroir, (b) terroir-ization of territory, and (c) colonial terroir expansion. In the case of “border wines” indexical strategies of boundary- and terroir-making highlight the creative agency and semiotic manipulation of winemakers across political territories.
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Nootens, Geneviève. "État et nation : fin d’un isomorphisme?" Politique et Sociétés 21, no. 1 (November 20, 2008): 25–41. http://dx.doi.org/10.7202/040299ar.
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Résumé L’article examine la possibilité de remettre en cause l’isomorphisme État/nation en questionnant leur nécessaire conjonction sous le principe de territorialité. Il rappelle d’abord les relations étroites établies entre citoyenneté, nationalité, et souveraineté, pour ensuite souligner que le libéralisme contemporain reste étroitement lié au principe organisationnel de l’État unifié et ne remet pas en cause l’État territorialisé comme principe d’organisation politique. L’auteure suggère qu’une piste féconde de réflexion à cet égard se trouve dans certaines propositions des sociaux-démocrates autrichiens Karl Renner et Otto Bauer qui prônaient la dissociation de la nation d’avec l’État sur la base d’un système axé sur l’autonomie personnelle constituant dès lors de la nation non comme corporation territoriale mais comme association de personnes.
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Upreti, Pratyush Nath. "The Role of National and International Intellectual Property Law and Policy in Reconceptualising the Definition of Investment." IIC - International Review of Intellectual Property and Competition Law 52, no. 2 (January 27, 2021): 103–36. http://dx.doi.org/10.1007/s40319-020-01009-7.
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AbstractThis article analyses the role of national and international intellectual property (IP) law in assessing IP as a protected investment. It offers two approaches for controlling investment arbitration related to intellectual property rights (IPRs), followed by an examination of the implications and challenges of those approaches. Its main argument is that even if a dispute arises from an investment (IP as an investment), it does not necessarily fall under the jurisdictional requirements of investment arbitration. Rather, assessing IP as an investment must be done by referring to national laws. This is more relevant in the case of IPRs as they are territorial. This means that rights and obligations are derived from national IP legislation. Essentially, only those IPRs that are “protected” by national regimes should be treated as investments. This article also examines the language used in investment agreements and arbitral awards to analyse the role of national law, particularly in determining the validity and scope of IP investments. Then it examines three IP-related arbitral cases to discuss how arbitral tribunals have used national law. Finally, it suggests approaches for controlling investment arbitration by integrating the territoriality principle and the social objectives and bargains achieved through international IP treaties.
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Kim, Dongjun. "The territoriality principle in patent law: The Supreme Court Decision in case No. 2019 Da 222782, 222799 -what it means and what needs to be done." IT & LAW REVIEW 22 (March 31, 2021): 1–49. http://dx.doi.org/10.37877/itnlaw.2021.03.22.1.
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Karner, Thomas, Sylvia Scharl, and Brigitte Weninger. "Estimation of the Domestic Transport Performance from the Consolidated European Road Freight Transport Data." Austrian Journal of Statistics 43, no. 1 (April 15, 2014): 49–62. http://dx.doi.org/10.17713/ajs.v43i1.8.
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Transport statistics provide information about transport volume and performance on defined territories (e.g. for the European Union as a whole or for the individual member states) and are therefore necessary for political, economic and ecological decisions. Complying with the current European legal basis[1] the surveys for the modes of transport rail, aviation and inland waterways are performed according to the territoriality principle and hence the data on total transport volume is collected in each member state. Alone the road freight transport survey is based on the nationality principle, which means that only freight vehicles registered in the respective member state take part in the national surveys. Thus the single member states have no information about the total transport volume and performance on their own territory derived from road freight vehicles registered in other member states. In contrast the member states have information about the transport volume and performance provided by their freight vehicles in the other European countries. This situation implies a significant limitation of the usability of the results of the national road freight surveys as well as the usefulness of the modal split of the single modes of transport based solely on the national surveys.[1] Regulation (EC) No 91/2003 of the European Parliament and of the Council of 16 December 2002 on rail statistics, OJ No L14, 21.2.2003 p 1 - 15; Regulation (EC) No 437/2003 of the European Parliament and of the Council of 27 February 2003 on statistical returns in respect of the carriage of passengers, freight and mail by air; OJ No L 66, 11.3.2003 p 1 – 8; Regulation (EC) No 1365/2006 of the European Parliament and of the Council of 6 September 2006 on statistics of goods transport by inland waterways and repealing Council Directive 80/1119/EEC, OJ L No 264; 25.9.2006 p 1 – 11; Regulation (EU) No 70/2012 of the European Parliament and the Council of 18 January 2012 on statistical returns in respect of the carriage of goods by road (recast), OJ No L 32, 3.2.2012 p 1-18
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Rahmawati, Rizka. "Eksekusi Aset Debitor yang Berada Di Luar Negeri dalam Penyelesaian Sengketa Kepailitan." SASI 25, no. 2 (December 26, 2019): 121. http://dx.doi.org/10.47268/sasi.v25i2.217.
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In order to carry out business activities, it is not uncommon for someone to make a debt to have enough capital. These accounts payable activities of course require objects that are a guarantee to give a sense of security to creditors. In its development it is not uncommon for collateral objects to be held by debtors abroad. However, if the collateral object is located abroad, it will not be easy to execute as a debt repayment tool because of the state sovereignty that must be respected and the territoriality principle adopted by a country. The problem in this writing is about how Indonesia's national legal regulation regarding debtors 'assets is located abroad and how efforts can be made so that debtors' assets residing abroad can be executed as debt repayment tools. This research will be conducted using a type of normative juridical research with a type of legislative approach (concept approach) and a conceptual approach. According to the provisions of Article 212 PKPU UUK, that property owned by bankrupt debtors abroad can be used as bankrupt boedel. The provisions of the article give the right to a creditor to obtain repayment by using debtor's assets which are not bound to him which are outside the jurisdiction of the Unitary State of the Republic of Indonesia. In order for collateral objects to be used abroad to be used as a debt repayment tool, a number of ways can be taken, namely by a general court process, bilateral agreements (diplomatic agreements), diplomatic channels, or using the UNCITRAL Law on Cross Model. Border Insolvency with Guide to Enactment.
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Spruyt, Hendrik. "Civil Wars as Challenges to the Modern International System." Daedalus 146, no. 4 (October 2017): 112–25. http://dx.doi.org/10.1162/daed_a_00463.
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The current international system is based on Westphalian principles in which authority is defined territorially. Within this territory, the state has sole jurisdiction. Adherence to these principles has contributed to the decline of interstate war. Conversely, applying these principles and correlated norms to states that gained their independence after 1945 has contributed to civil conflicts. These norms are opaque, as is the case with the principle of self-determination; or they lock in an unstable status quo, as with uti possidetis, the principle that borders inherited at the moment of independence should always be maintained; or they are inconsistently applied and often violated, as with the principle of noninterference. Consequently, they provide poor guidelines as to when, and on which grounds, external intervention in civil wars might be warranted. I argue that the degree to which the combatants challenge Westphalian principles should guide policy responses. Furthermore, the international legal regime should reconsider uti possidetis. In some instances, partition might be a reasonable solution to civil wars.